<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by DanielY:
Our agent, who is also the seller's agent, told us that the lot size was recorded as 5250 sq. ft. in the county's assessment report. In addition, the title report we got contains a map which shows the dimension of the lot as 50.5' by 105.5' (5237.75 sq. ft.) Our agent claimed that the reason why it is listed as 5900 sq. ft. is because the seller had landscape designed by a person who said the lot size is actually 5900 sq. ft. However, there is no document/report supporting what the landscape designer's claim.
Any suggestion what we should do?<HR></BLOCKQUOTE>
Yes, first of all do not listen to that dingbat real estate agent. That agent is not legally your agent. Just ask him or her this one question, "are you our agent or the Seller's". Did you sign a dual agency agreement? Believe it or not, you are not the client of this real estate agent. The client is the Seller whom this agent has a fiduciary duty and allegiance to. You are merely a customer. This agent should know better and that a true real estate professional would use a survey map completed by a certified surveyor, to determine actual lot size, dimensions and square footage of the property. And not some measley statement by a landscape designer. Is the landscape designer a surveyor? A landscape architect? Even landscape architects use a survey from a surveyor to make a landscaping plot plan. The agent is totally wrong for using the unverified larger number as representing the size of the property. Do you need a second opinion? Just ask the principal broker for this real estate agent these same questions. Real estate agents get sued big time for misrepresentation and this is a good example of the real estate agents' nondisclosure of the true fact and outright ignorance and stupidity. Do this person a favor and give him/her a copy of this post. It may save this agent and his/her brokerage firm from getting sued in the future. Errors and ommissions insurance premiums are not cheap.